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(영문) 서울고등법원 2017.07.20 2016나2064846
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in the printing and printing business under the trade name of “C,” and the Defendant (NonEsp Capital Co., Ltd.) is a corporation incorporated for the purpose of leasing equipment, etc., and the co-defendant B Co-Defendant Co-Defendant Co., Ltd. (hereinafter “B”) and D Co., Ltd. (hereinafter “D”) for the purpose of printing machinery, tools, retail business, etc.

(b) The name of equipment under Article 4 (Name of Equipment, Total Contract Amount, and Method of Payment) of the sales contract between the Plaintiff and B and D: UV CTPP 1SY 1,00,000 (Attachment 336,00,000): Daily deposit (Attachment 3) 3: daily deposit (Attachment 10,000), daily deposit (Attachment 10,000), daily deposit (Attachment 4): 1) daily deposit (Attachment 1) on August 10, 2012, the Plaintiff consists of B and UV-CP output equipment sets (Aurora 800 UV-CTPP 1, 125, Shoter PC, 125, Shoter PC, Liter PC, JIP, CIP, CIP, DPC PC PC 3,000).

[36,000,000 won for sales (hereinafter “the first sales contract of this case”)

(2) In concluding the instant sales contract, the Plaintiff attempted to negotiate on the conclusion of the lease agreement with the Defendant for the payment of the remainder under the instant first sales contract, but the Defendant expressed its intent that it is difficult to conclude the lease agreement due to the excessive amount of the sales price under the instant first sales contract.

3) Accordingly, the Plaintiff’s amendment to the terms and conditions of the first sales contract of this case to the terms and conditions of the sales contract of this case consist of D and E-printed Equipment E-printed (Aurora U.S. 8128 U.V.S.S.S. YESM FUL-AUTO, HEIGHTS HGHTSline’s Real Process, in U.K., Shoter PC,

hereinafter referred to as “the printing equipment of this case”

(2) The lower court determined that the sales contract constituted KRW 279,00,000 (hereinafter “the instant secondary sales contract”).

(c) the conclusion of the lease contract between the Plaintiff and the Defendant. Article 3 (Duties of customers ① The customer may select the type, size, performance, etc. of the goods to be used by himself and the goods.

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